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(영문) 서울남부지방법원 2016.06.03 2015고단3637
사기
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are those who jointly operate the mechanical repair of “F” in Yeongdeungpo-gu Seoul Metropolitan Government E and the seller of used machines.

On August 11, 2011, the Defendants will repair the Switzerland CNC Line machinery in KRW 220,000,000 at the office of (State) G located in Gangseo-gu Busan Metropolitan City (State), the representative of (State) I would repair the Switzerland Line machinery in KRW 220,000,000.

Inasmuch as parts should be purchased to repair machinery, 50,000 won should be used as repair cost on the face of the week.

However, even if the Defendants received advance payments from the above J, they did not intend or have the ability to normally proceed with the above mechanical repair work, or to pay advance payments at the cost of the mechanical repair.

Nevertheless, the Defendants conspired in collusion with the J as above, and then, 30,000 won to the bank account in the name of F on the 19th of the same month from the J, and 20,000 won to the above account on the 22th of the same month, and acquired 5,000 won in total from the victimized company.

Summary of Evidence

1. Statement made by the witness J in the second public trial records;

1. Entry of each part of the witness A and B in the third public trial records;

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants (including the part concerning the J’s statement)

1. Each protocol of examination of the suspect against the Defendants (including the part concerning the J’s oral statement)

1. Statement made by the police to J;

1. Investigation report (the confirmation of a failure of suspects in civil cases pertaining to this case);

1. A complaint;

1. The application of appraisal report, text of judgment (the return of advance payment by Busan District Court Decision 2012 Ghana 31181 group), recording, mechanical repair contract, loan certificate, confirmation letter, transfer confirmation certificate, and text (the Busan District Court Decision 2014Na 502) and statutes;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act;

1. Defendant B: Determination on the Defendants and their defense counsel’s assertion under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. The summary of the assertion A is as follows.

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